22001166 LegislativeLegislative ScoreScore CardCard A Measurement of Progress on Issues of Equity and Inclusion in Mississippi. TABLE OF CONTENTS Introduction 4 2016 Legislative Score Card 5 Commitment to Criminal Justice Reform 6 Extend Equality to All Mississippians 8 Guarantee Freedom of Speech, Expression, Protecting Privacy & Public Access 12 Other Legislative Actions 14 The Scorecard 15 House of Representatives 16 Senate 20 “In our country, all people - regardless of wealth or poverty, status or stature, color or creed – are entitled to a set of undeniable rights: equal protection, fundamental fairness and impartial justice. These rights define the essence and purpose of America.” – Vanita Gupta Principal Deputy Assistant Attorney General, head of the Civil Rights Division at the U.S. Department of Justice, and former deputy legal director for the American Civil Liberties Union American Civil Liberties Union of Mississippi www.aclu-ms.org 3 Introduction Mississippi’s story, all 200 years of it, has been a mix of triumphs and tragedies. The American Civil Liberties Union of Mississippi was birthed in 1969 during the thick of the Civil Rights Movement. In Mississippi at that time, civil rights workers were experiencing some of the harshest punishments for demonstrating against unjust laws and institutionalized discrimination. The powers that be violated basic constitutional rights of many, from the right to vote, to the right to speak out against one’s government without arrest, to the right of equal treatment under the law. Blood has been spilt over the subjugation of a people and the descendants of those people demanding human and civil rights. Wood, steel, and brick have rebuilt communities after devastation time after time again. Families have been displaced only to resettle and redefine our economic future. It is because of the resilience of the people of Mississippi, our unforgettable history, and our desire for a more equitable society that the ACLU of Mississippi seeks a fair and balanced criminal justice system, that we defend the rights and privileges that freedom encompasses, and that we demand equal protections for all that call Mississippi home. We believe that it is important that our members know how their state legislators have voted on critical issues that reflect this desire. The ACLU of Mississippi is proud to present the 2016 Legislative Score Card. We have selected a series of bills that illustrate the depth of our work and the response from policymakers charged with improving the quality of life for all Mississippians. We hope that you will find this information useful, and we encourage you to use this tool as you build relationships with your state senator and your state representative to further the cause of civil liberties. On behalf of the citizens of the Magnolia State, we commit to continue to work with the Mississippi State Legislature. In addition, we commit to holding those legislators accountable in delivering the leadership, fortitude and vision, respecting the resilience, and laying the foundation for a stronger, diverse and prosperous state for hundreds of years to come. American Civil Liberties Union of Mississippi www.aclu-ms.org 4 2016 Legislative Score Card The ACLU of Mississippi presented to our legislators and governor the 2016 Equity Agenda, which documented opportunities to dismantle barriers and increase equity. We asked state leaders to pay attention to the unfinished business of “justice for all” in Mississippi, and we announced our intent to publish the 2016 Legislative Score Card. The Score Card highlighted “Champions” of equity and inclusion and held accountable those who failed to promote racial, cultural, and economic justice. The 2016 Legislative Score Card continues that mission. We invite you to use this educational document as an advocacy tool that will surely help you as you engage with your leaders. Building an equitable state, one where all people have genuine access to the opportunities that could make Mississippi better, requires intentional, targeted action. Show your legislators that you are not content with Mississippi’s story so far. Dialogue with them about the important issues. Thank them for supporting those issues that increase equity. Raise concerns when they did not. Hold them accountable for achieving a better Mississippi, one that we all can be proud of. Grade: F Total Number of Bills Tracked by the ACLU of Mississippi = 97 Out of the 97 Total Tracked, 41 Bills Were Supportive of Equity (+) = 42% Out of the 97 Total Tracked, 56 Bills Created Barriers or Rolled Back Rights (-) = 58% Out of the 97 Total Tracked, 13 Became Law = 18% Out of the 41 Bills That Were Supportive of Equity, Only 6 Became Law = 15% Out of the 56 Bills That Created Barriers or Rolled Back Rights, 7 Became Law = 13% American Civil Liberties Union of Mississippi www.aclu-ms.org 5 Commitment to Criminal Justice Reform Grade: A 18 Criminal Justice Reform Bills Tracked. Out of the 18 Bills Tracked, 15 Were Supportive of Equity (+) = 83% Out of the 18 Bills Tracked, 3 Created Barriers or Rolled Back Rights (-) = 17% Out of the 18 Total Tracked, 2 Became Law = 11% Both Were Supportive of Equity (+) = 100% We asked legislators to continue the necessary work to promote criminal justice reform by putting an end to policies and practices that create barriers to an improved quality of life and fail to ensure transparency and accountability: • End the incarceration of indigent people for non-payment of misdemeanor fines and provide more resources toward a statewide indigent defense system • Implement policies around the proper usage of body cameras • Obtain written consent for searches • Promote alternatives to incarceration and establish practices that reduce recidivism Reduce Mississippi’s Prison Population While Mississippi’s prison population has shrunk as the result of sentencing and drug policy reforms, there is still much work to be done to stop the disproportionate jailing of poor people and communities of color. (+) HB 351 and SB 2705 would have allowed violent offenders, convicted between the years of 1995-2014, to become eligible for parole after serving a minimum of ten years with a record of good conduct. Died in Committee. (+) HB 1314 and SB 2490 would have legislatively remedied the resurgence of modern-day debtors’ prisons in Mississippi – evidenced by federal class action lawsuits against two of its largest cities. These bills, proposed by the ACLU of Mississippi, would have brought Mississippi law in line with constitutional requirements concerning the right to pre-jailing ability-to-pay hearings and to counsel prior to the imprisonment of people for non-payment of fines. Died in Committee. (+) SB 2512 would have required new private prisons to show that their facility can result in a recidivism rate that is 10% less than the recidivism rate for Department of Corrections facilities. This legislation was an outcome- focused approach to private prison bidding that would ensure a return on the state’s corrections spending investment. Died in Committee. American Civil Liberties Union of Mississippi www.aclu-ms.org 6 (+) SB 2791 would have clarified the list of offenses that make offenders convicted between the years of 1995-2014 ineligible for parole. It had the potential to expand HB 585 parole reforms. Died in Conference. (-) HB 647 would have provided that anyone who failed to pay a fine or appear in municipal court would be found guilty of a misdemeanor. It completely ignored the spotlight cast on modern-day debtors’ prisons within our state, but continued the criminalization of poverty in direct violation of the U.S. Constitution. Died in Committee. Promote Community Policing, Transparency and Accountability (+) SB 2477 would have created a task force to address the lack of transparency in civil asset forfeiture. Similar bills included HB 764, HB 1407, HB 1410, SB 2330. Note: SB 2477 became HB 1410 by Senate amendment. HB 1410 was approved by the Governor. All others died in committee. (+) SB 2656 would have required written consent to search during contact with law enforcement officers. It allowed for transparency and accountability on both sides of the badge during routine traffic stops. Died in Committee. (-) HB 1399 would have required municipal governments to provide police officers with body-worn cameras, required police officers to wear cameras while on patrol, and made an officer’s failure to wear the camera a misdemeanor offense. This bill lacked any law enforcement guidelines or limitations when police must record encounters, who can access such footage, nor did it provide privacy protections for those recorded. Died in Committee. (+) HB 669 and SB 2490 would have required that law enforcement officers employed by agencies that provide body-word cameras operate the cameras and store the footage according to guidelines designed to ensure transparency and accountability while protecting privacy concerns. This legislation struck the right balance between police accountability, transparency, and privacy. The ACLU of Mississippi proposed both measures. Died in Committee. Support Restorative Justice (-) HB 548 would have required residents convicted of a second misdemeanor DUI to get a special car tag to broadcast their offense. Mississippi already has an effective interlocking ignition device law that would prevent habitual DUI offenders from the roadways. Not only would such practices deny those who have paid their debts of equal treatment, but would also damage